Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-06

lUe PRISONER anu COUNSEL.
The attorneys and officers were COM
PEELED to tight their way to the front. The
prisoner was led in looking paler aud
weaker than usual. He had no sooner
taken his seat than deadly pallOr spread
over his face and he made IN effort to
throw open his coat. In moment he was
vomiting violently aud had TO he half led
half carried from the Court room. The
scene served only to stimulate the curiOsi-
the Sheriff and his deputies. After repeat
ed efforts to clear the aisle and bar in order
to make it possible Tor the proceedings 10
continue, Judge Boyd was forced to an.
nOuuce that Court was adjourned To one
o'clock.
\ QUEER LETTER.
The town has been full OF FumOrs of
auanymOus letters received by various per
suns. 1t is reported on good authority
that DR.. Morris, the physician who testiti-
ed 50 pointedly against the prisoner, re-
ceiyed lette; from PittsbuTg, Oh Friday,
stating that the writer had murdered the
McWha women. He had gone there iUr
y
being refused, murdered them with the
axe and bolt The ringing of the door
bell disturbed the bloody work and the
murderer He'd. The doctor claims to know
the author Of the letter, though he refuses
to divulge his name Baker looked
THE PICTURE or AFFECT MISERY
when he came into Court in the afternoon;
he had not yet recovered from his sickness
and did not occupy his usual seat. An
easy chair was placed for him by the win
dow; he sunk into II and remained appa-
reutly half asleep during the whole session.
No description Of Col. McSweeney's ad-
dress is attempted The people listened
breathlessly for the five hours ne was
speaking. Before the close the eyes OF
many of the audience were suIiused with
tears
Before Mr.. McSweency began Attorney
Cooke arose and objected to his argument
on the ground that it was the duty of the
States Attorney to close tor the prosecu-
ton.
MIR. M'sWEENEY SAID:
Is SUBMISSION To THE COURT ANn
GENTLEMEN OF THE JURY: Something
has been said about the character of the
prose, ution, something OF an imputing na
tue by inucndo, if not by charge direct,
that one Of the counsel has been brought
here for an unhOly purpose; that this is =
forum tor the mere display of rhetoric;
that considerations 80 high and holy a-
should inspire prosecution OF man for
his life are entirely wanting | cannot
help that my friends have heraded me a.
possessing qualities that | disavuw.
have passed that time OF life when the mere
glow from the plauditS OF an audience
awakens the least emotion. | am plain,
blunt man, not orators as these Brut are
Forgetting all these crowds, if can. |
will set forth the facts of the case a. they
appear to me. have prepared no well
written sentences with musical rise aud
flow to give to reporters. That am here
to urge against that prisoner anything not
sanctioned by the law deny
would not have a Chaplet upon my brow
that had flower which was tinged by the
blood OF any of my fellow citizens whom
have helped iudicially to slay. object
And if these persons came out TO SET pyrO-
technics they are mistaken. | will per
form only plain, blunt duty. If the
men standing up for the defense had failed
to bring TO the aid OF their client any OF
their talents,
EITHER OF WIT OR LEARNING,
ridicule or offense, they are unworthy of
the bar. They should wrap none of them
up in a napkin. The path Of the prosecu-
ton is somewhat narrower than that per
mitted to the prisoner by the chiyalry OF
the bar. And So shall not demeau myself
| shall strike hard blows, but they shall
he fair blows We have
supped on horrors. We have got drunk
on red blood. our friends of the defense
say il il perfectly natural that commu-
nity should he aroused by scenes like this.
Woe to tile community when the proStrate
forms of those murdered women awake
no feelings of sympathy or horror. That
should not, however, invade the Jury box.
Yet horror of the crime must be substituted
for one lot Oi proof to convict the criminal.
Having disposed of these disagreeable mat
ters that lie in my path, | will proceed Ia
tine facts of the case. Something has been
said OF the nature of the testimony. Mr..
Donahoe, whom ! esteem from the bottom
of my heart and of whom | wish to speak
in the utmost confidence, made a bold and
able statement OF the law Thereupon our
friends went on and explained to the jury
that circumStantial evidence is most inn
pOrtant. Circumstances must he relied
upon for the conviction of most OF the
crimes IfOnly direct evidence could he
received there would be a carnival OF
crime Doyou take brass band and some
witnesses when you will
COMMIT MURDER,
Will YOU call meeting and put il to a
vote to determine whether You will rob
your neighbours house or not? Why, this
talk about direct or cirrumstantial cyi-
irncc has an immense amount oi
iallacy about it, Circumstances
make up direct testimony. Circumstances;
what are they The facts standing around
in circle aud a circle has no end. Now
Won yet lot OF circumstaDtial facts and
they point in toward a certain point. 1t
seeks the center. And rs | keep on null
tiplying those facts around and around,
and every one pointing 10 the man who
did the crime, have distinct proof that
is stronger than any direct evidence. They
said once. "all roads lead to Rome And
30 may say ifall these facts lead to Baker
he is the criminal. No wonder tue hacks
say the proof from circumstances Is often
more Satisfactory than the mere testimony
at single witness.
Now the State saws they are not trying
to prove who shot the man. Oh, no. But
when the State shows that Van Baker did
il. it beLoovc~ them To look around, aud,
A. in times Of war, geta- suhsutte. You
lid frel that, gentlemen, you did feel 1t,
and Won did make an effort TO imbue those
tour poor, laundering lrishmen with the
blood of this mans wife.
NV friend, Col. Moore, says there nave
brrn accidents on circumsLautlal evidence.
Where you can bring me one case OF mis-
take can bring you ten mistakes by dl-
rect evidence. Where men would say,
My God!
THAT l. The MAN l SAW,
Va- mistaken; or was hired to do this.
Two or three hundred years ago our courts